사기
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Comprehensively taking account of the evidence presented by the prosecutor in the gist of the grounds for appeal, the court below acquitted the complainant of the facts charged in this case, although the defendant borrowed money from the complainant without the intention or ability to make repayment without notifying the fact despite the fact that the defendant had a considerable amount of debt to an individual in addition to his/her debt to the financial institution at the time of filing an application for a loan to the complainant, and there was a high possibility of filing an application for personal rehabilitation or personal bankruptcy.
2. Prior to the judgment on the grounds for appeal to amend the indictment, the prosecutor tried to examine the facts charged in this case ex officio, and the prosecutor applied for the loan of this case to the 1273 Seo-gu, Seo-gu, Daejeon, Daejeon, for the loans (hereinafter referred to as 10 million won) on April 27, 2011, the defendant applied for the loan without notifying the above facts despite the fact that there is an individual debt other than financial institutions, and there is a possibility of applying for personal rehabilitation or personal bankruptcy in the future. The defendant deceiving the victim company as above, and then by which the defendant obtained 10 million won from the victim company's account (C) and obtained 10 million won from the victim company to the post office (C) and obtained it, and the judgment below was no longer maintained in this respect.
However, the prosecutor's argument of mistake of facts about the previous facts charged is still subject to the judgment of this court, despite the above reasons for reversal of authority.
3. Determination
A. According to the evidence duly adopted and examined by the court below, the following facts and circumstances are acknowledged:
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